EXPLANATORY STATEMENT
Migration Act 1958
DETERMINATION
(Subsection 9A(6))
- Subsection 9A(6) of the Migration Act Act 1958 (the Act) provides that the Minister may, in writing, make a determination for the purposes of the definition of offshore resources activity in subsection 9A(5).
- The purpose of this instrument is to make a determination for the purpose of paragraphs 9A(5)(a) and 9A(5)(b) of the Act.
- The instrument operates to make a determination:
- for the purposes of paragraph 9A(5)(a), a regulated operation (within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006); and
- for the purposes of paragraph 9A(5)(b), an activity performed under a licence or a special purpose consent (both within the meaning of section 4 of the Offshore Minerals Act 1994).
4. Pursuant to subsection 9A(7) of the Act this determination is a legislative instrument, but section 42 of the Legislative Instruments Act 2003 does not apply to the determination and therefore it is exempt from disallowance. As a result, a Human Rights Statement of Compatibility is not required.
5. The Office of Best Practice Regulation has been consulted and has advised that a Regulatory Impact Statement is not required (OBPR reference 16740).
6. Under section 18 of the Legislative Instruments Act 2003 consultation is not necessary or appropriate as this instrument is required as a matter of urgency due to the disallowance by the Senate of the Migration Amendment (Offshore Resources Activity) Regulation 2014 on 16 July 2014.
7. The instrument, IMMI 14/077, commences on the day it is registered on the Federal Register of Legislative Instruments.